By Tonia Noe-Rose - Staff Writer
August 05, 2008 02:05 pm
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Five additional people have been charged in the alleged drug conspiracy involving a Florida doctor and Drew Evans Lane Jr. of Morehead.
U.S. District Court in Ashland returned a second superseding indictment July 3 against Janie L. Simmons, Herbert Eugene Lindon, Nick Sorrell, Seth Clay and James Clay, charging them with illegally distributing prescription drugs into Rowan, Carter, Elliott and other northeastern counties of Kentucky. The indictment remained sealed until Thursday.
The indictment charges that the five defendants were part of the drug ring involving Dr. Roger A. Browne who allegedly prescribed oxycodone and other opiates to more than 500 Kentucky residents, who then carried the pills back to the Bluegrass to sell.
An earlier indictment also charged that Lane and Rhonda Renee Burchett of Carter County both served as Browne’s accomplice in the alleged drug trafficking scheme.
The new indictment charges that between Jan. 2007 and continuing through Jan. 10, 2008, the eight defendants worked together in distributing the drugs. The indictment also charges Lane with attempted possession of oxycodone with intent to distribute, which carries the same penalty (up to 20 years in prison and $1 million fine) as the conspiracy charge; and one count of possessing an unregistered sawed-off shotgun with a barrel less than 18 inches in length.
Seth Clay, James Clay and Sorrell all pled not guilty in July during an arraignment hearing. Browne, Lane and Burchett are scheduled for arraignment on the superseding indictment at 3 p.m. Tuesday.
Browne practiced at Americare Health and Rehabilitation in Coral Springs, Fla. The close to 500 Kentucky medical files were allegedly discovered during a search warrant April 14 of the facility.
Browne was arrested in Florida and during a detention and removal hearing April 21, Florida Judge Robin Rosenbaum ordered Browne to be held without bond until the trial. The judge said Browne was considered a “flight risk and a danger to the community if released.” Browne was indicted April 3 by a federal grand jury in Lexington.
During the hearing, government officials presented evidence that a CI (confidential informant) had been receiving oxycodone from Browne. The CI also told officials he sent 15 to 20 other people to Browne in order to also receive prescription drugs.
The CI further explained that when those people returned to Kentucky, he took half of the oxycodone pills and allowed them to retain the other half.
The CI told the court he then delivered the collected oxycodone pills to Lane, who allegedly financed the trips, including filling the prescriptions. Lane then allegedly distributed the oxycodone to others in Kentucky and was mentioned at the hearing as being the “middle man.”
Other evidence presented at the hearing concerned Burchett, who was arrested Jan. 15, for illegally distributing oxycodone in Carter County. The government provided proof that Burchett admitted she was part of the distribution ring.
Burchett also told officials she had an “intimate, personal” relationship with Browne, and therefore was able to recruit new patients, schedule appointments and specify the quantity and type of prescription narcotics to be prescribed by Browne.
According to Burchett’s statement to law enforcement, she introduced the CI to Browne, and with approval from Browne, the CI also was allowed to recruit new patients and schedule appointments.
The trial is set to begin for all eight defendants Sept. 8.
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